PARENTING PLAN FOR DIVORCING PARENTS
UTAH CODE ANN. § 30-3-10.2 - 10-.9

Requires parents to file parenting plan before joint legal or physical custody may be ordered

Parent who doesn't file may be defaulted

If inconsistent plans, guardian ad litem may be appointed who may file plan

Objectives: provide for physical care; maintain emotional stability; provide for changing needs; specify authority and responsibilities;

minimize exposure to harmful parental conflict;

encourage agreements rather than judicial intervention; and protect best interests

Parenting plan shall:

include a residential schedule;

allocate decision-making authority re: education, health care and religious upbringing; provide for resolution of future disputes; and

identify a process for resolving disputes

Unchanged Rights not specifically addressed may be exercised by parent having physical custody the majority of time

Each parent may make emergency decisions affecting health or safety and decisions regarding day-to-day care and control

Failure to comply with plan may result in finding of contempt

District Court has right of review from dispute resolution process

Fees and financial sanctions imposed if parent uses or frustrates dispute resolution process without good cause

Parenting Agreement Checklist for Attorneys'

1. Time Sharing Arrangement: (consider using a calendar to outline options)

a. Monthly Schedule

i. Standard Parent Time Schedule: For school-aged children, alternate weekends and midweek visits. For children younger, consider adding additional short, frequent visits with the non-residential parent.

ii. Expanded Standard Parent Time Schedule: Midweek visit begins after school and non-residential parent returns the child to school the following morning. Non residential parent has alternating weekends beginning Friday after school, returning the child to school on Monday morning. This ends up to be about 10 nights per month.

iii. Five/Two - Two/Five Schedule: Parent A has Monday and Tuesday overnights, Parent B has Wednesday and Thursday overnights and the weekends are alternated.

iv. Three/Four Schedule: Parent A has Saturday evening through Wednesday Morning. Parent B has Wednesday after school through Saturday at 5 pm.

v. Week on/Week Off Schedule: Parents simply alternate weeks, usually from Sunday to Sunday. Younger children often require a mid-week evening visit with the other parent during the week.

Consider out of state parenting time issues: Remember there are new minimum parent time guidelines for school aged children who are dealing with a move of more than 150 miles away from the other parent. These new guidelines also specify who is to pay for transportation.

b. Vacation Times and Holidays

i. Standard Vacation Schedule: Per 30-3-35.

ii. Alternating Holidays: Without regards to the standard schedule.

iii. Assigned Holidays: Keep specific holidays "assigned" to a particular parent, such as Hanukkah or Easter.

iv. Assigned extended Holidays: Assignment of extended vacation times, or making arrangements to split summer vacations or off-track times.

^I Taken from Hickey and Dalton (1997). Some items added or altered.

c. Special Occasions (weddings, funerals, birthdays, parents' birthdays, graduations and the like)

i. Define "special occasion": Make sure to decide what constitutes a "special occasion."

ii. Consider who else is to be invited to these occasions (such as a partner's new spouse, etc.)

d. School, sports, church, and community events (back-to-school night, parent-teacher conferences, school programs, church programs, sports events).

i. Which parent makes the decision about whether the child is involved in activities and to what extent the child participates.

ii. Consider the effect of activities that may intrude upon a nonresidential parent's parenting time.

iii. Consider who is to pay the costs of extra curricular activities.

e. Grandparent time with the children

2. Transportation issues.

a. Transportation responsibilities, exchange times and places

i. Consider having parents share transportation, with the parent who is to have the children, doing the transportation.

ii. Consider using supervised pick up and drop off if high conflict between parents continues.

b. Special instructions or restrictions

i. Drug and alcohol use, monitoring, etc. with regards to transportation.

ii. Supervised parent time issues and transportation.

iii. Decisions about others who can transport children (such as spouses, paramours, grandparents)

iv. Consider the use of a Parenting Coordinator or Special Master to help with enforcement of instructions or restrictions.

3. Telephone Schedule: Consider having the parent who has the child place the call to the other parent at the appointed time. This tends to help with parents calling and not getting the child on the telephone.

a. When children are with Mom

b. When children are with Dad

4. Child Support

a. Amount as calculated by the worksheet.

b. Consider if child support should be recalculated in the future, and if so, when and how.

c. Child support payment schedule, use of ORS or direct deposit d. Payment of child care expenses:

i. By Whom

ii. Verification

iii. Procedure to follow if child care expenses change

e. Itemization of what child support covers, procedure for payment of extraordinary child-related expenses, if agreed upon.

f. Percentage allocation of medical/dental/psychological expenses not paid by insurance.

5. Health Insurance

a. Carried by whom

b. Procedure for changing insurance coverage

c. Claims procedure

6. Post-high school education for children:

a. Any minimum guarantees to children

b. Contribution by parents and/or financial planning options

c. Financial planning options

7. Procedures for making decisions

a. How should major decisions be made and by whom?

i. Consider use of a Mediator or Mediation program (such as the Highland Program) so that conjoint decisions are made easily.

ii. Consider use of a Parenting Coordinator or Special Master to help facilitate decision making between parents.

iii. Consider having parents attend the ten hour Co-Parenting "Boot Camp" course in which they learn to communicate and cooperate regarding their children.

b. If parents desire to share decision-making responsibility, how will disagreements be resolved? Consider tie-breaking procedures, including using professional services listed above.

8. Procedures for sharing information

a. School-related information (report cards, academic or disciplinary problems, parent teacher conferences, school activities). Consider asking the school to put both parents' addresses on the mailing list.

b. Extra-curricular activities

c. Health-related information (medical visits, prescriptions, therapy sessions, etc.) Consider making sure that any psychotherapist used for a child has contact with both parents, if at all possible.